ABDULLAH vs State Ss — 2023 PCrLJ 387 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDULLAH VS State Ss. 302(b), 337-a & 337-D---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd--- appreciation of evidence---Defence plea---Scope---accused was charged for committing murder of his wife and causing dagger blow to his mother---Sole defence plea taken by the accused was that due to depression, anxiety and being sole bread winner of his own family as well as to that of his brother's family, he had lost his senses---accused denied the accusation of murder, but his plea was giving impression that the crime was committed due to depression and loosing senses---Such plea of the accused could not in any manner considered to let him free or exonerate him from the charges, who brutally murdered his wife by inflicting more than eleven dagger blows and even he injured his own mother---Even otherwise, the defence had failed to bring any iota of evidence that the accused at the time of commission of crime was unsound person---In absence of any medical evidence, the bald plea of the accused was not admissible under the law---admittedly, the accused in order to save his skin from the consequences had taken such baseless plea, which otherwise could not be made basis to exonerate him from the charges of brutal murder of his own wife as well as the murder of his unborn baby as the deceased had three months pregnancy as well as assaulting to his mother---Held that there were sufficient incriminatory evidence on record establishing the unnatural death of the deceased and injuring to injured by the accused through dagger, which was recovered from his possession soon after the occurrence---Circumstances established that the prosecution had successfully proved the charges levelled against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly.

ABDULLAH vs State Ss — 2023 PCrLJ 387 QUETTA-HIGH-COURT-BALOCHISTAN

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